View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0524......................................................by STATE AFFAIRS TERM LIMITS - Amends existing law to provide for an election in a school district to determine whether term limitations for school district trustees should be retained in that school district, to provide for an election in a county to determine whether term limitations for county elected officials should be retained in that county and to provide for an election in a city to determine whether term limitations for city elected officials should be retained in that city. 01/27 House intro - 1st rdg - to printing 01/28 Rpt prt - to St Aff
H0524|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 524 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO TERM LIMITATIONS; AMENDING SECTION 33-443, IDAHO CODE, TO PROVIDE 3 FOR SUBMISSION TO THE ELECTORS OF A SCHOOL DISTRICT AT A GENERAL ELECTION 4 THE QUESTION OF RETAINING THE LIMITATIONS ON THE NUMBER OF TERMS A SCHOOL 5 DISTRICT TRUSTEE MAY SERVE IN THE SCHOOL DISTRICT UPON A PETITION OF THE 6 ELECTORS OF THE DISTRICT, TO PROVIDE FOR AN INITIATIVE PROCESS FOR A 7 SCHOOL DISTRICT, TO PROVIDE THAT A BOARD OF SCHOOL DISTRICT TRUSTEES MAY 8 ADOPT A RESOLUTION TO SUBMIT THE QUESTION OF RETAINING TERM LIMITATIONS 9 FOR SCHOOL DISTRICT TRUSTEES IN THAT DISTRICT AT THE 1998 GENERAL ELEC- 10 TION, TO PROVIDE THE FORM OF THE QUESTION AND TO PROVIDE FOR THE CONDUCT 11 OF THE ELECTION BY THE COUNTY CLERK; AMENDING SECTION 34-907, IDAHO CODE, 12 TO PROVIDE FOR SUBMISSION TO THE ELECTORS OF THE COUNTY AT A GENERAL ELEC- 13 TION THE QUESTION OF RETAINING THE LIMITATIONS ON THE NUMBER OF TERMS A 14 COUNTY COMMISSIONER OR OTHER ELECTED COUNTY OFFICIAL OF THAT COUNTY MAY 15 SERVE UPON A PETITION OF THE ELECTORS OF THE COUNTY, TO PROVIDE THAT A 16 BOARD OF COUNTY COMMISSIONERS MAY ADOPT A RESOLUTION TO SUBMIT THE QUES- 17 TION OF RETAINING TERM LIMITATIONS FOR COUNTY ELECTED OFFICIALS AT THE 18 1998 GENERAL ELECTION, TO PROVIDE THE FORM OF THE QUESTION AND TO MAKE 19 TECHNICAL CORRECTIONS; AMENDING SECTION 50-478, IDAHO CODE, TO PROVIDE FOR 20 SUBMISSION TO THE ELECTORS OF THE CITY AT A GENERAL ELECTION THE QUESTION 21 OF RETAINING THE LIMITATIONS ON THE NUMBER OF TERMS A CITY ELECTED OFFI- 22 CIAL OF THAT CITY MAY SERVE UPON A PETITION OF THE ELECTORS OF THE CITY, 23 TO PROVIDE THAT A CITY COUNCIL MAY ADOPT A RESOLUTION TO SUBMIT THE QUES- 24 TION OF RETAINING TERM LIMITATIONS FOR CITY ELECTED OFFICIALS AT THE 1998 25 GENERAL ELECTION AND TO PROVIDE THE FORM OF THE QUESTION; PROVIDING SEVER- 26 ABILITY; AND DECLARING AN EMERGENCY. 27 Be It Enacted by the Legislature of the State of Idaho: 28 SECTION 1. That Section 33-443, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 33-443. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 31 son shall not be eligible to have his or her name placed upon the school elec- 32 tion ballot for the office of school district trustee which they have previ- 33 ously held if they have served, will serve or but for resignation would have 34 served, in that same office by the end of their current term of office, repre- 35 senting any zone of the district, during six (6) or more of the previous 36 eleven (11) years. 37 (2) Nothing in the section shall be construed as prohibiting any quali- 38 fied voter of the school district from casting a ballot for any person by 39 writing the name of that person on any ballot, or as prohibiting such a prop- 40 erly marked ballot from being counted or tabulated, nor shall any provision of 41 this section be construed as preventing or prohibiting any person from stand- 42 ing or campaigning for any elective office by means of a "write-in" campaign. 43 (3) The qualified electors of a school district shall have the 2 1 right through the initiative process to submit to the electors of the district 2 the question of whether the limitations on the number of terms which may be 3 served by a person as school district trustee as provided in this section 4 should continue to apply to candidates for the office of school district 5 trustee for that district. The board of school district trustees of each 6 school district shall provide for an initiative process whereby the qualified 7 electors of the school district may petition for submission of the question to 8 the electors of the district. Minimum requirements of the adopted initiative 9 process shall be as follows: 10 (a) Petitioners for the initiative shall be equal to twenty percent (20%) 11 of the total number of electors who cast votes at the last election for 12 school district trustees in the district; 13 (b) The question shall be submitted to the electors of the school dis- 14 trict only at a general election; 15 (c) Completed petitions, with the requisite number of signatures shall be 16 filed with the county clerk of the county in which the largest portion of 17 the school district is located not more than one hundred eighty (180) days 18 after the date of approval of the form of the petition as provided in 19 paragraph (d)(v) of this subsection. All requirements for gathering sig- 20 natures shall be met by or within this time frame. 21 (d) Except as expressly modified herein, the requirements for the form of 22 the petition, signatures, verification of valid petitions, printing of 23 petitions, review of petitions and time limits, shall be as nearly as 24 practicable as provided for county initiatives in section 31-717, Idaho 25 Code. 26 (i) Before beginning to circulate any petition the person or per- 27 sons or organization or organizations under whose authority the peti- 28 tion is to be initiated shall send or deliver to the clerk of the 29 school district a copy of the petition duly signed by at least twenty 30 (20) qualified electors of the school district which shall be filed 31 by said officer in his office, and who shall immediately transmit a 32 copy of the petition to the county clerk of the county in which the 33 largest portion of the school district is situated. The county clerk 34 shall transmit a copy of the petition to the prosecuting attorney of 35 that county for the issuance of the certificate of review as provided 36 in section 31-717(6), Idaho Code. 37 (ii) After receiving a copy of the petition, the county prosecuting 38 attorney shall proceed to review the petition in the same manner as 39 provided for a county initiative as provided in section 31-717(6)(b), 40 Idaho Code, and shall issue a certificate of review to the clerk of 41 the school district and the county clerk from whom the petition was 42 received. Within fifteen (15) working days after issuance of a cer- 43 tificate of review, the petitioner, if he desires to proceed with his 44 sponsorship, shall file the petition with the county clerk of each 45 county in which the school district is situated; provided however, 46 that the county clerk of the county in which the largest portion of 47 the school district is situated shall assign a ballot title and be 48 responsible for other matters as required with respect thereto as 49 provided in section 34-1809, Idaho Code. 50 (iii) The prosecuting attorney conducting the review of the petition 51 as herein provided shall be responsible for preparation of the ballot 52 title as prescribed in section 34-1809, Idaho Code. If the school 53 district is situated in more than one (1) county, the assignment of 54 the ballot title and the preparation of the ballot title by the 55 county clerk and prosecuting attorney of the county in which the 3 1 largest portion of the school district is situated as herein provided 2 shall be conclusive as to any other county in which the election must 3 be conducted. 4 (iv) The verification of signatures shall be conducted by the clerk 5 of the school district as provided in section 34-1807, Idaho Code, or 6 by the county clerk or clerks of the county or counties in which the 7 school district is situated pursuant to agreement between the school 8 district and the county clerk or clerks. 9 (v) After the form of the petition has been approved by the county 10 clerk of the county in which the largest portion of the school dis- 11 trict is situated, the petition shall be printed by the person or 12 persons or organization or organizations under whose authority the 13 measure is to be initiated and circulated in the school district for 14 the signatures of qualified electors. 15 (vi) A petition must be finally certified and submitted to the 16 county clerk or clerks responsible for the conduct of the election 17 prior to September 1 of the year of the general election at which the 18 question is to appear on the ballot. 19 (vii) The provisions of section 31-717(6)(g) and (h), Idaho Code, 20 shall apply to petitions provided for in this section. 21 (4) By resolution adopted by the board of school district trustees, a 22 board of school district trustees may submit to the qualified electors of the 23 district at the general election in November, 1998, the question of whether 24 the limitations on the number of terms which may be served by a person as 25 school district trustee as provided in this section should continue to apply 26 to candidates for the office of school district trustee for that district. 27 (5) The form of the question to be submitted by petition through the ini- 28 tiative process or by resolution of a board of school district trustees shall 29 be as follows: 30 Vote for one: 31 In favor of retaining term limits for school district trustees of 32 (name of district). 33 In favor of eliminating term limits for school district trustees of 34 (name of school district). 35 If a majority of the votes cast are in favor of eliminating term limits for 36 school district trustees for that district, the term limits provided in this 37 section shall not be applicable within that district from and after the date 38 the election results are certified. 39 (6) A board of school district trustees submitting the question at the 40 general election in November, 1998, or receiving a petition from the electors 41 of the school district for submission of the question at a general election 42 shall contract with or otherwise make necessary arrangements with the county 43 clerk of each county in which the school district is situated for the conduct 44 of the election. 45 SECTION 2. That Section 34-907, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 34-907. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 48 son shall not be eligible to have his or her name placed upon the primary or 49 general election ballot for a county, state or federal office which they have 50 previously held if they have served, will serve or but for resignation would 51 have served, in that same office by the end of the current term of office for 52 a length of time as follows: 53 a. As a member of the U.S. House of Representatives representing any dis- 4 1 trict within the state, during six (6) or more of the previous eleven (11) 2 years. 3 b. As a member of the U.S. Senate, during twelve (12) or more of the pre- 4 vious twenty - three (23) years. 5 c. As a state elected official, during eight (8) or more of the previous 6 fifteen (15) years. 7 d. As a state legislator, representing any district within the state, 8 including all House seats within the same district, during eight (8) or 9 more of the previous fifteen (15) years. 10 e. As a county commissioner, representing any district within the county, 11 during six (6) or more of the previous eleven (11) years. 12 f. As any other county elected official, during eight (8) or more of the 13 previous fifteen (15) years. 14 (2) Nothing in this section shall be construed as prohibiting any quali- 15 fied voter of this state from casting a ballot in a general election for any 16 person by writing the name of that person on any ballot, or as prohibiting 17 such a properly marked general election ballot from being counted or tabu- 18 lated, nor shall any provision of this section be construed as preventing or 19 prohibiting any person from standing or campaigning for any elective office by 20 means of a "write-in" campaign in a general election. 21 (3) (a) The qualified electors of the county shall have the right 22 through the county initiative process provided in section 31-717, Idaho 23 Code, to submit to the electors of the county the question of whether the 24 limitations on the number of terms which may be served by a person as 25 county commissioner or as any other county elected official as provided in 26 this section should be eliminated for that county; provided however, that 27 the question of retaining or eliminating term limits as provided in this 28 subsection shall be submitted only at a general election. 29 (b) The board of county commissioners of any county may by resolution 30 submit to the electors of the county at the general election in November, 31 1998, the question of whether limitations on the number of terms which may 32 be served by a person in the office of county commissioner or in any other 33 county elected office as provided in this section should be eliminated for 34 that county. 35 (c) The form of the question to be submitted upon a petition of qualified 36 electors or by resolution of the board of county commissioners shall be as 37 follows: 38 Vote for one: 39 In favor of retaining term limits for the office of (name of office) 40 of (name of county). 41 In favor of eliminating term limits for the office of (name of 42 office) of (name of county). 43 A separate question shall be provided for each office to be voted upon. If a 44 majority of the votes cast with respect to an office are in favor of eliminat- 45 ing limitations on the terms which a person may serve in that office, the pro- 46 visions of subsection (1) of this section shall not apply to that office from 47 and after the date the election results are certified. 48 SECTION 3. That Section 50-478, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 50-478. LIMITATION OF BALLOT ACCESS FOR MULTI-TERM INCUMBENTS. (1) A per- 51 son shall not be eligible to have his or her name placed upon a special or 52 general election ballot for a city office which they have previously held if 53 they have served, will serve or but for resignation would have served, in that 5 1 same office by the end of their current term of office for a length of time as 2 follows: 3 a. As mayor during eight (8) or more of the previous fifteen (15) years. 4 b. As a member of city council representing any district or assigned mem- 5 ber council seat during eight (8) or more of the previous fifteen (15) 6 years. 7 (2) Nothing in this section shall be construed as prohibiting any quali- 8 fied voter of the city from casting a ballot for any person by writing the 9 name of that person on any ballot, or as prohibiting such a properly marked 10 ballot from being counted or tabulated, nor shall any provision of this sec- 11 tion be construed as preventing or prohibiting any person from standing or 12 campaigning for any elective office by means of a "write-in" campaign. 13 (3) The qualified electors of the city shall have the right through 14 the initiative process provided in section 50-501, Idaho Code, to submit to 15 the electors of the city the question of whether the limitations on the number 16 of terms which may be served by a person as mayor or as a member of the city 17 council as provided in this section should be eliminated for that city; pro- 18 vided however, that the question of retaining or eliminating term limits as 19 provided in this subsection shall be submitted only at a general election. 20 (4) The city council of any city may by resolution submit to the quali- 21 fied electors of the city at the general election in November, 1998, the ques- 22 tion of whether limitations on the number of terms which may be served by a 23 person in the office of mayor or as a member of the city council as provided 24 in this section should continue to apply to candidates for those offices in 25 that city. 26 (5) The form of the question to be submitted by petition through the ini- 27 tiative process or by resolution of the city council shall be as follows: 28 Vote for one: 29 In favor of retaining term limits for the office of (name of office) 30 of (name of city). 31 In favor of eliminating term limits for the office of (name of 32 office) of (name of city). 33 A separate question shall be provided for each office to be voted upon. If a 34 majority of the votes cast with respect to an office are in favor of eliminat- 35 ing limitations on the terms which a person may serve in that office, the pro- 36 visions of this section shall not apply to that office from and after the date 37 the election results are certified. 38 SECTION 4. SEVERABILITY. The provisions of this act are hereby declared 39 to be severable and if any provision of this act or the application of such 40 provision to any person or circumstance is declared invalid for any reason, 41 such declaration shall not affect the validity of the remaining portions of 42 this act. 43 SECTION 5. An emergency existing therefor, which emergency is hereby 44 declared to exist, this act shall be in full force and effect on and after its 45 passage and approval.
STATEMENT OF PURPOSE
RS 07682C1
In 1994, term limits were not approved in nine Idaho counties.
This bill allows school board members, city elected officials
and county elected officials to place the question on the
November 1998 ballot whether to remove term limits for those
positions, by vote of the people. It further allows the voters
the ability to revote on local term limits by use of the
initiative process.
FISCAL NOTE
None.
Contact: Rep. Jeff Alltus
STATEMENT OF PURPOSE/FISCAL NOTE
(800) 626-0471
(208) 334-2000
H524